Mr. Ephrem Baptis Lobo vs Mrs Cynthia Lobo on 15 February, 2024


Mr. Ephrem Baptis Lobo vs Mrs Cynthia Lobo on 15 February, 2024


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Karnataka High Court

Mr. Ephrem Baptis Lobo vs Mrs Cynthia Lobo on 15 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                            NC: 2024:KHC:6460
                                                         MFA No. 2181 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 2181 OF 2023 (CPC)

                   BETWEEN:

                   1.    MR. EPHREM BAPTIST LOBO
                         S/O LATE AJEDIUS LOBO
                         AGED ABOUT 57 YEARS,
                         R/AT GHALA MUSCAT
                         PO BOX 1050, PC 130,.
                         SULTANATE OF OMAN-394155
                                                                ...APPELLANT
                             (BY SMT. AKSHATHA SHETTY K., ADVOCATE)
                   AND:

                   1.    MRS. CYNTHIA LOBO
                         W/O MR. EPHREM BAPTIST LOBO,
                         AGED ABOUT 53 YEARS,
                         R/AT THANE, ATHEENA BUILDING,
Digitally signed         RUSTOMJE, MAJIWADA,
by SHARANYA T            THANE WEST, THANE
Location: HIGH           MAHARASHTRA-400601
COURT OF                                                       ...RESPONDENT
KARNATAKA
                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED 05.08.2022 PASSED ON I.A. NOs.
                   II AND III    IN O.S.NO.3/2022 ON THE FILE OF THE II
                   ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M., MANGALURU
                   AND   ITINERARY    SENIOR   CIVIL JUDGE    AND    JMFC,
                   MOODABIDRI, DAKSHINA KANNADA, REJECTING NOs.II AND
                   III FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH
                   SECTION 151 OF CPC.

                       THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                               -2-
                                             NC: 2024:KHC:6460
                                         MFA No. 2181 of 2023




                          JUDGMENT

Learned counsel for the appellant seeks permission of this

Court to withdraw the appeal with liberty to approach the

appropriate forum.

In view of the submission, the appeal is dismissed as

withdrawn with liberty as sought.

Sd/-

JUDGE

ST
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